42 USC 7671d - Phase-out of production and consumption of class II substances

U.S Code last checked for updates: Nov 22, 2024

§ 7671d.

Phase-out of production and consumption of class II substances

(a)

Restriction of use of class II substances

Effective January 1, 2015, it shall be unlawful for any person to introduce into interstate commerce or use any class II substance unless such substance—

(1)

has been used, recovered, and recycled;

(2)

is used and entirely consumed (except for trace quantities) in the production of other chemicals;

(3)

is used as a refrigerant in appliances manufactured prior to January 1, 2020; or

(4)

is listed as acceptable for use as a fire suppression agent for nonresidential applications in accordance with section 7671k(c) of this title.

As used in this subsection, the term “refrigerant” means any class II substance used for heat transfer in a refrigerating system.

(b)

Production phase-out

(1)

Effective January 1, 2015, it shall be unlawful for any person to produce any class II substance in an annual quantity greater than the quantity of such substance produced by such person during the baseline year.

(2)

Effective January 1, 2030, it shall be unlawful for any person to produce any class II substance.

(c)

Regulations regarding production and consumption of class II substances

(d)

Exceptions

(1)

Medical devices

(A)

In general

(B)

Cap on exception

(2)

Developing countries

(A)

In general

(B)

Cap on exception

(i)

Under no circumstances may the authority set forth in subparagraph (A) be applied to authorize any person to produce a class II substance in any year following the effective date of subsection (b)(1) and before the year 2030 in annual quantities greater than 110 percent of the quantity of such substance produced by such person during the baseline year.

(ii)

Under no circumstances may the authority set forth in subparagraph (A) be applied to authorize any person to produce a class II substance in the year 2030, or any year thereafter, in an annual quantity greater than 15 percent of the quantity of such substance produced by such person during the baseline year.

(iii)

Each exception authorized under this paragraph shall terminate no later than January 1, 2040.

(July 14, 1955, ch. 360, title VI, § 605, as added Pub. L. 101–549, title VI, § 602(a), Nov. 15, 1990, 104 Stat. 2658; amended Pub. L. 112–81, div. A, title III, § 320, Dec. 31, 2011, 125 Stat. 1361.)

cite as: 42 USC 7671d